Smith v. Shewsbury et al

Filing 76

ORDER denying (70) Motion for Reconsideration in case 5:07-cv-14034-JCO-DAS. Signed by District Judge John Corbett O'Meara. Associated Cases: 5:07-cv-14034-JCO-DAS, 5:08-cv-11019-JCO-DAS, 5:08-cv-11022-JCO-DAS, 5:08-cv-13280-JCO-DAS (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FRANKLIN SMITH, Plaintiff, v. CITY OF TAYLOR, et al., Defendants. ____________________________________/ ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION Before the court is Plaintiff Franklin Smith's motion for reconsideration, filed February 16, 2010. Smith seeks reconsideration of this court's February 1, 2010 order dismissing his claims brought pursuant to 42 U.S.C. § 1983. The standard for granting a motion for reconsideration is as follows: Generally, and without restricting the court's discretion, the court will not grant motions for rehearing or reconsideration which merely present the same issues ruled upon by the court, either expressly or by reasonable implication. The movant shall not only demonstrate a palpable defect by which the court and the parties have been misled but also show that correcting the defect will result in a different disposition of the case. LR 7.1(g)(3). Smith contends that the court did not address his claim for malicious prosecution, which he asserts is viable based upon alleged falsehoods that the investigator included in his warrant request. The court addressed these arguments in its February 1, 2010 order in its discussion of Devin Plummer's claims. See Order at 7-8. The same analysis applies to Smith's malicious prosecution claim, which likewise fails. Case No. 07-14034 Consolidated Cases: 08-11019 08-11022 08-13280 Hon. John Corbett O'Meara

Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion for reconsideration is DENIED.

s/John Corbett O'Meara United States District Judge Date: March 23, 2010

I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, March 23, 2010, using the ECF system and/or ordinary mail. s/William Barkholz Case Manager

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